Chapter II: Special provisions applicable to persons serving a custodial sentence

Articles in this section · 4

Article R61-4

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

When the sentenced person is detained, the reminder of the obligations to which he or she is subject and which is provided for in the first paragraph of Article R. 61 is made, in the days preceding his release or, in accordance with the provisions of Article 763-7-1, within eight days of the latter, by the sentence enforcement judge under whose supervision the socio-judicial supervision is to be carried out or, on delegation from this judge, by the sentence enforcement judge of the place of detention.

When the convicted person has been reminded of his obligations while still in detention, the enforcement judge under whose supervision the socio-judicial supervision is to be carried out will determine, for the purposes of applying the provisions of article 763-7-1, whether the person will be summoned to appear before him or the prison integration and probation service within eight days of his release. He shall notify this service of his decision.

The convocation notice is given to the convicted offender before his release. In the event of a summons to appear before the prison integration and probation service, this service shall give him this notice or have it given to him.

Where the sentenced person decides to take up habitual residence within the jurisdiction of a court other than the court within whose jurisdiction the prison is located, the enforcement judge of the place of detention shall communicate in good time, and, unless this is impossible, at least two weeks before the person's release, to the enforcement judge competent to supervise the socio-judicial supervision the individual file mentioned in article R. 61-3.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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